Impact of State Sentencing Policies on Incarceration Rates in the United States, 1975-2002 (ICPSR 4456)

Principal Investigator(s):Stemen, Don, Vera Institute of Justice

Summary:

In order to assess the impacts of state-level sentencing
and corrections policies in the United States implemented between 1975
and 2002 on state incarceration rates during that same time period,
researchers conducted a two-phase study between November 2002 and
March 2004. The first phase of the research involved building a
framework for understanding the types of state-level sentencing and
corrections policies in use between 1975 and 2002. Phase two of the
project consisted of state-leve... (more info)

In order to assess the impacts of state-level sentencing
and corrections policies in the United States implemented between 1975
and 2002 on state incarceration rates during that same time period,
researchers conducted a two-phase study between November 2002 and
March 2004. The first phase of the research involved building a
framework for understanding the types of state-level sentencing and
corrections policies in use between 1975 and 2002. Phase two of the
project consisted of state-level data collection for all 50 states for
all study years, 1975 to 2002. The researchers produced a dataset
containing outcome variables that focus on the change and growth in
state incarceration rates, non-policy control variables that were
found in previous studies to be associated with changes in
incarceration rates, and policy variables regarding sentencing
structure, drug policy, time served requirements, habitual offender
laws (HOL), and mandatory sentences.

Study Description

Citation

Stemen, Don. IMPACT OF STATE SENTENCING POLICIES ON INCARCERATION RATES IN THE UNITED STATES, 1975-2002. ICPSR04456-v1. New York, NY: Vera Institute of Justice [producer], 2000. Ann Arbor, MI: Inter-university Consortium for Political and Social Research [distributor], 2007-09-27. http://doi.org/10.3886/ICPSR04456.v1

Universe:
Sentencing and corrections policies in all 50 states in
the United States from 1975 to 2002

Data Types:
census/enumeration data, aggregate data, and survey data

Methodology

Study Purpose:
The purpose of this project was to assess the
impacts of state-level sentencing and corrections policies in the
United States implemented between 1975 and 2002 on state incarceration
rates during that same time period. Specifically, researchers sought
to better understand major characteristics of state sentencing systems
including indeterminate/determinate sentencing structures, sentencing
guidelines and sentencing commissions, sentences for drug offenses,
truth-in-sentencing laws, habitual offender laws, mandatory sentencing
laws, and "good time" sentence reduction policies as well as the
complex, internal characteristics of each policy, which vary across
states and over time. The ultimate goal was to produce an historical
overview of the types of policies adopted over the last 30 years, the
timing of adoption of each policy in each state, and the way each
policy differs across states over time.

Study Design:
The study
consisted of two phases completed between November 2002 and March
2004. The first phase of the research involved building a framework
for understanding the types of state-level sentencing and corrections
policies in use between 1975 and 2002. To do this, researchers
reviewed prior analyses of policies to construct an initial outline of
policies or general areas and their characteristics. Next, members of
the Vera Institute of Justice's National Associates Program on
State Sentencing and Corrections (SSC) reviewed the outline, suggested
minor changes in the characteristics detailed, and constructed an
initial data collection instrument (DCI). This initial DCI
microdatabase was pilot-tested by collecting data on three states,
refined, and then a finalized version of the DCI was developed for use
in the second stage of the study. Phase two of the project consisted
of state-level data collection for all 50 states for all study
years, 1975 to 2002. The year 1975 was chosen as the cut-off year
since, according to most criminologists and practitioners, most of the
dramatic changes in state-level sentencing and corrections policies
have occurred post-1975. The principal investigators and six research
assistants began by analyzing microfiche versions of state codes as
amended in 1975. Microfiche versions of superseded state codes
(including supplements) and state sessions laws were then used to
collect data on changes to each state's code for each year between
1975 and 2002. Data collection generally involved reading the entire
criminal law and criminal procedure sections of each state's 1975
code, locating the relevant policy, and recording information about
the provisions of the policy into the DCI. Annual code supplements
were then analyzed to note changes to each state's code. When a
revised version of the entire code was published, data collection then
involved reviewing the entire criminal law and criminal procedure
sections of each state's code again. Where changes to policies were
unclear from annual supplements, microfiche versions of state sessions
laws were consulted, which provided the actual legislation altering
the code. This process continued until data collection reached 2002,
and analysis turned to the bound versions of state codes as amended in
2002.

Sample:
Not applicable

Weight:
None

Mode of Data Collection:
record abstracts

Data Source:

All data collection occurred using the bound versions
of state codes and microfiche versions of state codes and sessions
laws archived at New York University School of Law. To ensure the
inclusion of all relevant data, secondary sources, such as law review
articles, reports by state-level professional legal organizations, and
state reports, were reviewed at the completion of each state-level
coding. Users are referred to the final report record abstracts for a
detailed description of data sources for the outcome and control
variables.

Description of Variables:
The dataset contains outcome variables, control
variables, and policy variables. The outcome variables pertain to the
change and growth in state-level incarceration rates between 1975 and
2002. Control variables include violent crime rate, property crime
rate, percent population between ages of 18-24, percent population
between ages of 25-34, percent population African American, percent
population of Hispanic origin, percent population living in urban
areas, percent adherents to "fundamentalist" religion, income per
capita, unemployment rate, percent population below poverty level,
GINI income distribution coefficient, state revenues per 100,000
residents, public welfare per 100,000 residents, police officers per
100,000 residents, drug arrest rate, corrections expenditures per
100,000 residents, citizen political ideology, government political
ideology, governor's party affiliation, and region. Policy variables
capture information regarding sentencing structure, drug policy, time
served requirements, habitual offender laws (HOL), and mandatory
sentences. Specifically, sentencing structure variables include
information on determinate sentencing, structured sentencing,
presumptive sentencing guidelines, voluntary sentencing guidelines,
and presumptive sentencing. Drug policy variables include sentencing
enhancement score (cocaine, heroin, and marijuana), severity levels
for possession and sale (cocaine, heroin, and marijuana), minimum
sentence for 28 grams of cocaine (sale), maximum sentence for the
lowest quantity of cocaine (possession), minimum sentence for 28 grams
of heroin (sale), maximum sentence for the lowest quantity of heroin
(possession), minimum sentence for 500 grams of marijuana (sale), and
minimum sentence for the lowest quantity of marijuana (possession).
Variables regarding time served requirements include both time served
(all offenses) and time served (violent offenses). The habitual
offender laws variables capture information regarding the two-strikes
law, three-strikes law, HOL targeted for violent offenses, and HOL
targeted for drug offenses. Lastly, variables pertaining to mandatory
sentences include number of mandatory minimums for weapons use, number
of mandatory minimums for violent offenses, number of mandatory
minimums for offenses against protected individuals, number of
mandatory minimums for offenses committed while in state custody, and
mandatory score.

Response Rates:
Not applicable

Presence of Common Scales:
None

Extent of Processing: ICPSR data undergo a confidentiality review and are altered when necessary to limit the risk of
disclosure. ICPSR also routinely creates ready-to-go data files along with setups in the major
statistical software formats as well as standard codebooks to accompany the data. In addition to
these procedures, ICPSR performed the following processing steps for this data collection: